BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of DuPage,
Complainant,
v.
Nicolas Cruz,
Respondent.
AC 08-14
DP-AC-08-02
mikzz
Ct.EiRK's
eg
OFFICE
.s.r)
1'7E3 0 3 2008
pollution
ATE
OF
Controi
ILLI
NO/B
Board
PROOF OF SERVICE
I, the undersigned, on oath state that I have served on the date of February 1,
2008, the attached APPEARANCE, NOTICE OF FILING, ADMINISTRATIVE
CITATION, AFFIDAVIT and OPEN DUMP INSPECTION CHECKLIST by personal
service:
Nicolas Cruz
127 W. Brown
West Chicago, IL 60185
44.:274",/
Suhscribed and
9
rn
to before me this
/`F''`
day of-4--4
•
, 2008.
"OFFICIAL SEAL"
ti
0
Joy Hinz
Notary Public, State
of
Ends
I
County of DuPage County
My Corfunkssion
Wires
08122!11
tnl
503 N. County Farm Road
Wheaton, IL 60187
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
A
9
0
1 VFFIECED
2008
County of DuPage,
)
PSTATE
ollution
OF
Control
ILLINOIS
Board
Complainant,
)
)
v.
)
)
Nicolas Cruz,
)
)
Respondent
)
AC
°
4
DP-AC-08-02
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of DuPage.
Respectfully submitted,
_
4(-44\
j
,
a
Mary Flem(pg
Assistant State's Attorney
DATD: Jan 29,
2008
County of DuPage
508 North Cotinty Farm Road
Whe9ton, IL,
6p187
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S
ReceivEct,
OFFICE
ADIVIENISTRATIVE CITATION
?
iAtki 9 2008
County of DuPage,
PSTATE
ollution
OF
Control
ILLINOISBoard
Complainant,
)
v.
) AC 08-
Nicolas Cruz
Respondent.
NOTICE OF FILING
TO: Nicolas Cruz
1N570 Mac Queen Drive
West Chicago, IL 60185
PLEASE TAKE NOTICE that on this date the ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INPSECTION CHECKLIST were hand delivered to the Clerk
of the Pollution Control Board of the State of
Respectfully submitted,
L'ilkLick-L
e7)(KL/10
Mary Fle g
Assistant State's Attorney
DATED: January 11, 2008
County of DuPage
508 North County Farm Road
Wheaton, IL 60187
(630) 407-8200
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 2 9 2008
P
STATE
ollution
OF
Control
ILLINOISBoard
Complainant,
v.
Nicolas Cruz,
Respondent.
AC 08 - IL+
DP-08-02
ADMINISTRATIVE CITATION
Violation:
Civil Penalty
415 ILCS 5/21(p)(1)
?
$1,500.00
TOTAL: $1,500.00
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1
et. seq.
(1996), specifically 415 ILCS 5/31.1.
FACTS
1.
Complainant, County of DuPage, is a unit of local government to which the Illinois
Environmental Protection Agency has delegated authority to issue administrative citations
pursuant to Section 4(r) of the Illinois Environmental Protection Act, ("Act"), 415 ILCS 5/4(r)
(2007). DuPage County is thus a "delegated unit" and may issue administrative citations under
35 Ill. Adm. Code 108.200.
2.
The Respondent, Nicolas Cruz, is the present occupant and in control and possession
of the property at 1N570 Mac Queen Drive; West Chicago, located in the County of DuPage,
State of Illinois.
County of DuPage,
3.
The property is an open dump, operating without an Illinois Environmental Protection
Agency Operating Permit, and designated with the Site Code #0438075019. The facility is
known to the County as the Nicolas Cruz site.
4.
The Respondent has occupied, controlled and/or operated the facility at all relevant
times hereto.
5. On December 3, 2007, Joy Hinz, Field Inspector for DuPage County as delegated by
the Illinois Environmental Protection Agency, inspected the property. A true and correct copy of
the inspection report, along with Ms. Hinz's affidavit, are attached hereto and made a part
hereof
6.
Based upon direct observations made by Ms. Hinz during the course of her inspection,
DuPage County has determined that Respondent violated the Act as follows:
a. Respondent
caused or allowed the open dumping of waste in a manner
resulting in litter, in violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1) (2007).
7.
Based upon the foregoing facts, under Section 42(b)(4-5) of the Act, 415 ILCS
5/42(b)(4-5), Respondent is subject to a civil penalty of One Thousand Five Hundred Dollars
($1,500.00) for each of the violations identified above, for a total civil penalty of One Thousand
Five Hundred Dollars ($1,500.00).
Notices and Instructions to Respondent
1.
You must pay the civil penalty set forth above unless you contest this
Administrative Citation.
The following paragraphs contain payment
instructions and more infamiation about contesting this Administrative Citation.
2.
To pay the civil penalty (and any other amounts due) send two (2) checks or
money orders with the attached Remittance Foul', one check in the amount of
Seven Hundred and Fifty Dollars payable to DuPage County and the second
check or money order in the amount of Seven Hundred and Fifty Dollars payable
to the Illinois Environmental Protection Agency to:
DuPage County
Department of Economic Development and Planning
Regulatory Services Division
421 North County Farm Road
Wheaton, IL 60187
To ensure that you receive timely and proper credit for your payment, complete the attached
Remittance Form and include it with your payment.
3.
You may contest this Administrative Citation by filing a Petition for Review,
including a Notice of Filing, Certificate of Service, and Appearance with the
Illinois Pollution Control Board ("Board").
4.
Any Petition for Review must be filed within thirty-five (35) days of the date
of service of this Administrative Citation on you. The Board will not review
the Administrative Citation if the Petition for Review is not filed within this
time.
5.
The Petition for Review must be filed with:
Clerk of the Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
A copy of the Petition for Review must be served on the County of DuPage at the
following address:
County of DuPage
Office of the State's Attorney, Civil Division
508 North County Farm Road
Wheaton, IL 60187
6.
The contents of a Petition for Review and the procedures to be followed are
governed by the Board's procedural rules. Copies may be obtained from the
Clerk of the Board at the address above, by calling the Board at (312) 814-3620,
or from the Board's website at:
http://www.ipcb.state.il.us/rules/procedural/procedural.htm
7.
If you do not contest this Administrative Citation by filing a petition for review
with the Board within the allotted time, the Board will enter an order finding that
you committed the violations alleged above imposing the statutory civil penalty
set forth above. See Section 31.1(d) of the Act, 415 ELCS 5/31.1(d) and 35 Ill.
Adm. Code 108.500(a).
8.
If you contest this Administrative Citation by filing a timely petition for review
with the Board, the Board will hold a hearing. The Board's procedural rules have
more information on hearings; see 35 Ill. Adm. Code Parts 101 and 108.
9.
If the Board finds after the hearing that you committed a violation as alleged
above, you will be assessed the hearing costs incurred by the County of DuPage
and the Board. Hearing costs are assessed in addition to the statutory civil penalty
for the violations. If the Board finds after the hearing that you did not commit a
violation as alleged above, or that the violation resulted from uncontrollable
circumstances, you will not be assessed hearing costs and you will not have to pay
a civil penalty.
10.
If any civil penalty and/or hearing costs are not paid within the time set by the
Board in its final order, interest on the amount due will be assessed against you
from the date payment is due and including the date that payment is received.
11.
If any civil penalty and/or hearing costs are not paid within the time set by the
Board in its final order, the DuPage County State's Attorney's Office may initiate
court proceedings against you to collect the amount due, plus any interest accrued.
In that event, you may also be liable for court costs.
DATE, ittLIA-}0
C-R,
2008
?
County of DuPage
Office of the State's Attorney
7-ip
Assistant Stte's Attorney
REMITTANCE FORM
County of DuPage,
)
Complainant,
v.
)
) AC
) DP-08-02
Nicolas Cruz,
)
Respondent.
)
FACILITY:
Nicolas Cniz Site
COUNTY: DuPage
DATE OF INSPECTION: December 3, 2007.
SITE CODE: 0438075019
CIVIL PENALTY: $1,500.00
Date
SS/FEINT
SignatureRemitted#
Instructions
Enter the date of your remittance, your Federal Employee Identification Number (FEIN) (or
social security number (SSN) if an individual) and sign this Remittance Form. Print the ilanae of
the person signing this Remittance Foul
'
and that person's title, if applicable.
Send two (2) checks or money orders with the attached Remittance Form, one check in the
amount of Seven Hundred and Fifty Dollars payable to DuPage County and the second check or
money order in the amount of Seven Hundred and Fifty Dollars payable to the Illinois
Environmental Protection Agency to:
DuPage County
Department of Economic Development and Planning
Regulatory Services Division
421 North County Farm Road
Wheaton, IL 60187
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of DuPage,
Complainant,
v.
Nicolas Cruz,
Respondent.
AC 08-
DP-08-02
AleFIDAVIT
Affiant, Joy Hinz, being duly sworn, voluntarily deposes and states as follows:
1.
At all times relevant to the above-captioned Administrative Citation, Affiant was
employed as an inspector by the County of DuPage, Department of Economic
Development and Planning.
2.
On December 3, 2007 between 10:15 a.m. and 10:19 a.m., respectively, Affiant
conducted an inspection of the property located at 1N570 Mac Queen Drive; West
Chicago, Illinois.
3.
Affiant conducted an onsite inspection, which included walking around the
property and photographing the site.
4.
In connection with this inspection, Affiant completed the Inspection Report
appended to and made part of the above-captioned Administrative Citation, which
is an accurate record of Afidant's observations and factual conclusions with
respect to the site. This December 3, 2007 inspection report references Affiant's
September 17, 2007 inspection which is also an accurate record of Affiant's
observations and factual conclusions with respect to the site on September 17,
2007.
Subscribed and sworn before me
This43a
day of-..,-au,sc. , 2008
"OFFICIAL SEAL"-
My
Notary
Commission
Patricia
Public,
Spires
State
A.
of
Vail
Illinois
09/20/09
4
9
State of 'Illinois
Environmental Protection Agency
Narrative Inspection Report Document
County: DuPage County
?
Date: September 17, 2007
Tnspector: Joy Hinz
?
Site No: 0438075019
Location: Nicolas Cruz Property
?
Time: 2:30 — 2:36 p.m.
Weather Conditions: 64 degrees Fahrenheit. Mostly cloudy. Winds south at 13 mph.
Conditions obtained from The Weather Channel electronic mail
Estimated Amount of Waste: 4 cubic yards
General Remarks
I conducted this inspection in response to a complaint that waste was being open burned at the
site. After arriving, I walked to the house where I attempted to locate an owner. A woman
answered and explained that she was the owner of the house. I explained that I was on site to
investigate an open burning complaint. She agreed to accompany me on this inspection.
We walked behind the house to the burn pile. The pile was about five feet in diameter and
contained about 2 feet in height of ashes. The burned materials included glass bottles, aluminum
cans, construction wood, a door handle and other miscellaneous waste.
I explained to the owner that they needed to immediately cease from open burning waste. I
further informed her that the ashes and all the waste debris had to be removed and properly
disposed.
I then exited the site.
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Photograph 1
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Photographed by: J. Hinz
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Date: Sept 17, 2007
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Location: Cruz Property
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1N570 MacQueen Dr.
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Site No: 0438075019
Time: 2:33 p.m.
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Comments: Taken facing
southwestward showing the ashes
and contents in the burn pile.
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Photographed by: J. Hinz
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Date: Sept 17, 2007
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Location: Cruz Property
1N570 MacQueen Dr.
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Site No: 0438075019
Time: 2:33
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Comments: Taken facing
southward showing the door knob,
metal cans and other misc. debris
in
the burn pile.
.
-
State of Illinois
Environmental Protection Agency
Narrative Inspection Report Document
County: DuPage County?
Date: December 3, 2007
Inspector: Joy Hinz
?
Site No: 0438075019
Location: Nicolas Cruz Property?
Time: 10:15 – 10:19 a.m.
Weather Conditions: 21 degrees Fahrenheit. Sunny. Winds west northwest at 16 mph.
Humidity 62%. Conditions obtained from The Weather Channel electronic mail
Estimated Amount of Waste: 1 cubic yards
General Remarks
Pre-Inspection Notes: An Administrative Citation Warning Notice was issued as a result of an
inspection completed on September 17, 2007. The certified copy of the Notice was returned on
November 5th
however the uncertified copy was not returned.
I conducted this inspection to determine if the site had been cleaned. No one was present at the
home. I proceeded behind the house to the area where the burn pile had been. The ashes and
remnants of debris from my previous inspection had been removed however there was a small
pile of painted wood on the open bum pile.
I then exited the site.
State of Illinois
Environmental Protection Agency
Site Sketch
County: DuPage County
Date: December 3, 2007
Inspector: Joy Hinz
Site No: 0438075019
Location: Nicolas Cruz Property
Time: 10:15 — 10:19 a.m.
Not drawn to scale
North +
T Indicates number and approximate direction of photograph
Photographed
Photograph
1y
by: J. Hinz
Date: December 3, 2007
Location: Cruz Property
1N570 MacQueen Dr.
West Chicago, IL
Site No: 0438075019
Time: 10:18 a.m.
Comments: Taken facing
westward showing the burn pile
behind the house.
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Photograph 2
Photographed by: J. Hinz
Date: December 3, 2007
Location: Cruz Property
1N570 MacQueen Dr.
West Chicago IL
Site No: 0438075019
Time: 10:18 a.m.
Comments: Taken facing
westward showing the painted
wood in the burn pile.
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MARY • . FLEMING
Assistant State's Attorney
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of DuPage,
Complainant,
v.
Nicolas Cruz,
Respondent.
AC 08-14
DP-AC-08-02
NOTICE OF FILING
To:
Nicolas Cruz, 127 W. Brown, West Chicago, IL 60185
PLEASE TAKE NOTICE
that on the 6th day of February, 2008, the attached
Proof of Service was forwarded by U.S. Mail for filing to the Clerk of the Illinois
Pollution Control Board, Chicago, Illinois.
JOSEPH E. BIRKETT
DuPage County State's Attorney
Attorney No. 50000
503 N. County Farm Rd.
Wheaton, IL 60187
630-407-8200
CERTIFICATE OF SERVICE
The undersigned being first duly sworn upon oath state that I served this notice by
mailing a copy on February 6, 2008 to each person to whom it is directed and depositing
the same in the U.S. Mail at Wheaton, Illinois wit the proper postage - id
Subscribed and sworn to before me
on February,, 2008.
Notary 7
or
41
OFFICIAL SEAL
izabeth Vargas
?
',
1'
Notary Public, State of Illinois
tr
My Commission Expires 08/30/09 ;It